Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-04-30
Mr.. Lucas's Letter.

ing people. He has been held up as
constitutional lawyer 10y his admirer:
In West Virginia; but if he really be
heves all he says IN his letter, his legal
lore has failed him inst when he needed
Utmost. He has allowed self-interest TO
blind him to tho truth of the plainest
propositions in constitutional law.
Take the following statement as a
specimen. Not only is the statement
unfounded, but it is capable of positive
negation or disproof. It's untruth can
be demonstrated from the Federal Con-
stituton itself. We quote:
"He gives his reason for not believ-
ing that called session IS empow-
cred to elect a senator, stating that the
fnmers of the Constitution had no re-
ference to called session, which has
been originated since the Constitution
was written, and which might be de-
signated as the executive session OF the
limited Legislature: therefore the
clause-the next meeting of the Legis-
lature which shall fill any vacancy that
may exist-does not apply to called
session"
1t is almost incredible that any law
yer should make such an argument as
that. "a called session" quoth Mr..
Lucas, "has been originated since the
Constitution was written Now read
section 4 of Article ". of the Federal
Constitution. 1t is as follows
"The United States shall guarantee
to every State in this Union republi-
can form of government, and shall
protect each of them against invasion !;
and, on application of the Legislature,
or OF the Executive (lohen the Legista-
fure cannot b. cOHrcRCd) against do
mestic violence. :"
when the Legislature cannot be
convened /" in called session. Yet Mr..
Lucas says the called sessions have
been originated since the Constitution
Was written. But is that his contention
We would fain believe that he has been
misunderstood.
Again The Federal Constitution
provides as follows:
"If vacancies happen in the United
States Senate by resignation or other
wise during the recess of the Legisla-
ture of any State, the Executive there
of may make temporary appointments
until the merit meeting of the Legisla-
ture, which shall then fill such yacan
cies.
Mr.. Lucas contends that the next
meeting" here spoken of is the next
regular session. But on this point also
the Federal Constitution furnishes its
own comment and explanation. We
quote paragraph 3, section2, Article Il
as follows
1.-THE President shall have power to
fill up all vacancies in Office that may
happen during the recess of the Senate
by granting commissions which shall
expire at the end of their ncrt session"
The Senate often meets in called ses-
sion to consider these appointments.
1t always meetsin called session on the
9th of March of the year when the
President of the United States is in
augurated. But il Mr.. LUCAss con-
tention be correct the commissions
granted by the President expire, not at
the end of called session, but only at
the end of regular session. ii the
words "next session" include called
sessions OF the United States Senate,
then the words "neXt meeting" in
clude called meetings of the State legis-
htures.
Mr.. LUCAs's talk about " trampling
under foot the Constitution of the
State is not at all creditable to him.
The Federal Constitution makes it the
duty Of the Legislature to eleeta senator
Mt its "nert mecting' after a vacancy
in the United States Senate occurs.
State constitutions cannot override a
plain provision OF the Federal Consti-
tuition, which is "thc supreme law of
the land" States cannot. after con-
eressional action, interfere in any man
ner except TO fix the place where a
United States senator is to be elected.
Read paragraph l, section 4, Article l.,
of the Federal Constitution. 1t is as
follows:
1.-THE times, places, aud manner of
holding elections for Senators and Re-
representatives. shall be prescribed in the
State by the Legislature thereof; but
the Congress may at airy time by law
make OF alter such. regulations excep.
as TO the place Of choosing senators"
Congress has fixed the time and man
ner; and in refusing to obey the law,
Mr.. Lucas is trying to "trsmple I'M
der foot the Constitution Of the United
States. He will not succeed. What
right has State to interfere as to the
+" fin1e" Of electing q United States
senator? None in the world. Read
again the language last above quoted
from the Federal Constitution. 70
show that the United States Senate
treats with contempt as it ought to do,
such attempts to trespass upon its pre-
negatives we refer once more to the case
OF Mr.. TRrMBULL, OF Illinois. Many
years ago he was whilst judge elected
to the United States Senate, notwith-
standing that the Constitution OF the
State Of Illinois provided that no per
son holding the Office Of Judge should |
be elected q United States senator |
within less than twelve months after |
going out OF Office as a Judge. MIR. |
TRuxBuLL's seat was contested, but the |
United States Senate seated him. The |
Constitution Of the State was powerlcss
In the presence OF the Federal Consti-
tuition, which itself fixes the qualiiica-
lions OF senators. And OF course the
United States Senate will see 10 it that